BELIZE

VILLAGE COUNCILS ACTCHAPTER 88

REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003

This is a revised edition of the Subsidiary Laws, prepared by the Law RevisionCommissioner under the authority of the Law Revision Act, Chapter 3 of the SubstantiveLaws of Belize, Revised Edition 2000.

ARRANGEMENT OF SUBSIDIARY LAWS

BELIZE

VILLAGE COUNCILS ACTCHAPTER 88

REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003

This is a revised edition of the Subsidiary Laws, prepared by the Law RevisionCommissioner under the authority of the Law Revision Act, Chapter 3 of the SubstantiveLaws of Belize, Revised Edition 2000.

This edition contains a consolidation of the following laws- Page

VILLAGE COUNCILS (ELECTIONS) REGULATIONS 3 - 14

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CHAPTER 88

VILLAGE COUNCILS (ELECTIONS) REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Short title.

2. Interpretation.

3. Procedure for conducting elections.

4. Extent of application.

5. Commencement.

FIRST SCHEDULE

SECOND SCHEDULE

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CHAPTER 88

VILLAGE COUNCILS (ELECTIONS) REGULATIONS(Section 35)

[12th July, 2003.]

1. These Regulations maybe cited as the

VILLAGE COUNCILS (ELECTIONS)REGULATIONS.

2. In these Regulations, “Ministry” means the Ministry responsible forlocal government.

3. Subject to the provisions of the Village Councils Act, all village counciland community council elections shall be conducted in accordance with theprocedure set out in the First Schedule to these Regulations.

4. These Regulations shall apply to all village council and communitycouncil elections held under the Village Councils Act.

5. These Regulations shall come into force on the 14th day of July, 2003.

MADE by the Elections and Boundaries Commission, afterconsultation with the National Association of Village Councils, this 1st day ofJuly, 2003.

(KARL H. MENZIES)Chairman

Elections and Boundaries Commission

100 of 2003.Ch. 88.

Short title.

Interpretation.

Procedure forconductingelections.CAP. 88.First Schedule

Extent ofapplication.CAP. 88.

Commencement.

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FIRST SCHEDULE[Regulation 2]

1. (1) Subject to paragraph (2) below, all village council andcommunity council elections shall be conducted by the Ministry.

(2) The Ministry shall conduct and supervise all village council andcommunity council elections save and except for those villages with an electorateof seven hundred (700) or voters whose elections shall be supervised only bythe Elections and Boundaries Commission.

2. (1) Any person shall be eligible to be elected as Chairperson or amember of a council who:-

(a) is a citizen of Belize; and

(b) has ordinarily resided in the village or thecommunity (as the case may be) for at least oneyear immediately preceding the date of the election;and

(c) is at least eighteen years old.

(2) A person shall be disqualified from being the Chairperson or amember of a council if found to be of unsound mind under any law in force inBelize.

3. (1) In order to vote at an election, a person shall

(a) be a citizen or a permanent resident of Belize; andbe at least eighteen years of age; and

(b) have ordinarily resided in the village or thecommunity concerned (as the case may be) for at

Authority toconductelections.

Qualificationsof Chairpersonand membersof councils.

Who mayvote.

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least two months immediately preceding the dateof the election; and

(c) be of sound mind; and

(d) produce some means of identification, such as aVoter’s ID card, driver’s licence, birth certificate,social security card, or any other form ofidentification approved by the Ministry.

(2) The Elections and Boundaries Commission shall make availableto the Ministry the list of electors for those villages with an electorate of sevenhundred (700) or more voters to be used as a guide only for voting purposes.

4. (1) The Ministry shall appoint an election day and time for eachvillage and community council at least seven days before the date set for theelection, and different election days may be appointed for different villagesand communities.

(2) After the date and time for a village or community councilelection has been appointed by the Ministry pursuant to sub-paragraph (1)above, it shall cause the same to be properly advertised by:

(a) regular radio announcements;

(b) placing notices strategically in the village or thecommunity, e.g., at grocery shops, bars, etc.;

(c) requesting the local Pastor to announce it in theChurch;

(d) requesting the assistance of teachers;

(e) house-to-house visits; or

Election dayand publicityregardingelections.

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(f) any other appropriate means.

5. (1) The Ministry shall appoint an Election Clerk for each villageand community council election, and such other supporting staff only from theMinistry (including scrutineers and recorders) as may be considered necessary.

(2) The Ministry shall appoint such number of Supervisors, as itmay consider necessary to supervise the conduct of elections.

(3) All election staff including Election Clerks and Supervisors shallbe appointed only from the Ministry.

6. On the day of an election, the Election Clerk shall ensure that thefollowing material is available at the polling station:

(a) black-board(s),

(b) chalk/dusters,

(c) scrap paper,

(d) pens/pencils,

(e) chairs and tables,

(f) any other material as may be necessary.

7. At every election, the electors shall elect a person as Chairperson ofthe council and six other persons as members who shall together form the villagecouncil or the community council, as the case may be.

8. (1) On the day of the election, at such time as maybe prescribedby the Ministry, the Election Clerk shall be present at the polling station and

Appointmentof ElectionClerks andSupervisorsand otherstaff.

Material forelections.

Election ofChairpersonand members.

Nomination ofChairpersonand members.

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shall explain the election rules to all persons present at the polling station.

(2) The Election Clerk shall then invite nominations of candidatesfrom the floor, first for the Chairperson and then for the members of the council.

(3) Every candidate shall be nominated by an eligible elector andseconded by a second eligible elector.

(4) A person who is nominated must accept his nomination beforehis name is placed on the blackboard.

(5) After the nominations for the Chairperson have been closed,the names of the nominated candidates will be placed on the blackboard in theorder in which they were nominated with the relevant number placed besidetheir names (e.g., if John Jones is nominated first, his name will be placed onthe blackboard with the number ‘one’ beside it).

(6) The Election Clerk shall then invite nominations for membersof the council and the same process will be repeated as for nominations for theChairperson. The names of nominated candidates will be placed on theblackboard in the order in which they were nominated with the relevant numberplaced beside their names.

(7) No person shall be accepted as a candidate in absentia unlesshe or she has sent a written acceptance to the Election Clerk.

9. (1) After the nominations have been closed, voting will take placein the manner herein prescribed.

(2) The name of each voter will be called and he will be given twoslips of blank paper bearing the stamp of the Ministry, one for the election ofthe Chairperson and the other for the election of members.

(3) On one slip of paper, the voter will place the number or name

Voting.

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of one person out of the nominated candidates for election as Chairperson. Onthe second slip of paper, the voter will place the number of names of six personsout of nominated candidates for election as members.

(4) A voter will be entitled to vote only for one candidate forelection as Chairperson and only for six candidates for election as members. Avote will be considered as spoilt if a voter votes for more than one candidatefor election as Chairperson or for more than six candidates for election asmembers.

(5) After marking the two slips of papers, the voter will fold themand drop the same in the respective box in the presence of the Election Clerk.There will be two boxes one for the election of the Chairperson and the otherfor the election of members.

(6) Those voters who are visually or otherwise impaired and areunable to mark their papers on their own will be assisted by the Election Clerkand his staff. The Election Clerk (or his staff) will first read out the names of thenominated candidates to the voter and then ask the voter to indicate the namesof the candidates of his choice. The official assisting the voter will then markthe papers in accordance with the instructions of the voter.

(7) The voting will close at such time as may be fixed for eachvillage or community by the Ministry having regard to the number of voters atsuch village or community, except that those persons already in the queue willbe allowed to cast their votes even after the closing time.

(8) No voter will be allowed to vote by proxy.

10. (1) After the poll has closed, the counting of votes will take placeas herein prescribed.

(2) The Election Clerk shall count the votes slowly and in an audiblevoice so as to give the recorder sufficient time to record the votes.

Counting.

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(3) The Election Clerk will request the scrutineers to pay keenattention to the counting process. He shall hold up each paper until it is properlyrecorded before putting it aside.

(4) The Election Clerk will have his back turned towards theblackboard when counting the votes.

(5) All spoilt votes will be kept separately and will not be counted.

11. (1) The candidate receiving the highest number of votes for theelection of the Chairperson will be declared elected as the Chairperson of thecouncil.

(2) The six candidates receiving the highest number of votes forthe election of members shall be declared elected as members of the Council.

(3) In the event of a tie for the Chairperson or for the sixth placeas a member, the matter will be resolved by the toss of a coin.

12. Within two days of the conclusion of each election, the Election Clerkshall send a report to the Ministry with a copy to the Elections and BoundariesCommission in the form set out in the Second Schedule to these Regulations.

13. Any complaints about the conduct or result of the elections shall bereferred to the Elections and Boundaries Commission whose decision thereonshall be final.

14. A contravention of any of these Regulations may be declared to be anillegal practice and any person committing or taking part in the commission ofsuch illegal practice shall be liable on summary conviction to a fine not exceedingthree thousand dollars or to imprisonment for a term not exceeding two years,or to both such fine and imprisonment.

Result ofelection.

Reportingof results.

Complaintsabout elections.

Contraventionof Regulations.

SecondSchedule.

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SECOND SCHEDULE

REPORT ON VILLAGE/COMMUNITY COUNCIL ELECTION

Name of Village/community _________________ District _____________

Date of election ______________________________________________

Total number ofTime of election ____________________ votes cast______________

Total number ofVenue of election ___________________ spoilt votes ____________

Election Clerk _____________________ Scrutineers

Supervisor (if any) __________________ (1) ___________________

Recorder _________________________ (2) ___________________

(3) ___________________

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NOMINATIONS FOR CHAIRPERSON

NOMINEES NOMINATED BY SECONDED BY

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

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NOMINATIONS FOR MEMBERS

NOMINEES NOMINATED BY SECONDED BY

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

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ELECTED OFFICERS

CERTIFICATE IN CONNECTIONWITH CONDUCT OF ELECTION

I, _____________________________ the Election Clerk for the abovevillage/community hereby certify that the election was conducted fairly and inaccordance with the rules, and that the above is the true result of the election.

___________________ _______________ Election Clerk Date

NAME POSITIONNO. OF VOTES

OBTAINED

1. CHAIRPERSON

2. MEMBER

3. MEMBER

4. MEMBER

5. MEMBER

6. MEMBER

7. MEMBER